BILL NUMBER: AB 1493	CHAPTERED  09/05/00

	CHAPTER   291
	FILED WITH SECRETARY OF STATE   SEPTEMBER 5, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 1, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN SENATE   MAY 30, 2000
	AMENDED IN SENATE   FEBRUARY 17, 2000
	AMENDED IN ASSEMBLY   JANUARY 19, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000
	AMENDED IN ASSEMBLY   APRIL 7, 1999

INTRODUCED BY   Assembly Member Nakano
   (Principal coauthor:  Senator Burton)
   (Coauthors:  Senators Morrow and Peace)

                        FEBRUARY 26, 1999

   An act to amend Section 12956.1 of the Government Code, relating
to public records, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1493, Nakano.  Recording documents:  restrictive covenants.
   (1) Existing law authorizes any person holding an interest in
property to request that the county recorder remove specified
unlawful restrictive covenant language contained in a declaration,
governing document, or deed associated with that property pursuant to
specified provisions and requires the county recorder, title
insurance company, escrow company, real estate broker, real estate
agent, or association that provides the specified document to any
person to place a cover page or stamp in at least 20-point boldface
type that contains a specified statement if the document includes
such a restrictive covenant.
   This bill would require that the specified statement be in
14-point boldface type and would revise the statement to include a
provision stating that lawful restrictions under state and federal
law on the age of occupants in senior housing or housing for older
persons shall not be construed as restrictions based on familial
status.  The bill would also delete that part of the statement that
authorizes the county recorder to remove the restrictive covenant
language upon the request of any person who holds any interest in the
property.
   (2) Existing law also authorizes any person holding an interest in
property that is the subject of any recorded document to require the
county recorder to remove any blatant racial restrictive covenant
contained in the document upon application pursuant to specified
procedures.
   This bill instead would provide a new procedure whereby any person
who holds an ownership interest of record in the property may apply
in writing to the Department of Fair Employment and Housing for a
determination of whether a restrictive covenant violates the fair
housing laws and is void.  The bill would also require the department
to process the application within 90 days and provide the applicant
with a specified written statement, and would authorize the applicant
to strike out the void restrictive covenant and have the modified
document recorded.
   (3) This bill would declare that it is to take effect immediately
as an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12956.1 of the Government Code is amended to
read:
   12956.1.  (a) As used in this section, "association," "governing
documents," and "declaration" have the same meanings as set forth in
Section 1351 of the Civil Code.
   (b) (1) A county recorder, title insurance company, escrow
company, real estate broker, real estate agent, or association that
provides a copy of a declaration, governing document, or deed to any
person shall place a cover page or stamp on the first page of the
previously recorded document or documents stating, in at least
14-point boldface type, the following:
   "If this document contains any restriction based on race, color,
religion, sex, familial status, marital status, disability, national
origin, or ancestry, that restriction violates state and federal fair
housing laws and is void, and may be removed pursuant to Section
12956.1 of the Government Code.  Lawful restrictions under state and
federal law on the age of occupants in senior housing or housing for
older persons shall not be construed as restrictions based on
familial status."
   (2) The requirements set forth in paragraph (1) shall not apply to
documents being submitted for recordation to a county recorder.
   (c) (1) Any person who holds an ownership interest of record in
property that he or she believes is the subject of a restrictive
covenant referred to in subdivision (b), may file an application with
the Department of Fair Employment and Housing requesting a
determination of whether the restrictive covenant violates the fair
housing laws and is void.  Any application pursuant to this
subdivision shall be in writing, contain a copy of the document, and
identify the location within the document where the restrictive
covenant is located.
   (2) If the department determines that the document contains a
restrictive covenant that violates the law, it shall provide the
applicant with a written statement entitled "RESTRICTIVE COVENANT
MODIFICATION" that sets forth this determination, including the page
and line numbers of any void restrictive covenant, which statement
may be recorded with the document pursuant to paragraph (3).  The
department shall process all applications within 90 days.  The
department shall include the following language at the end of the
written statement which the applicant may complete and sign for
purposes of recording pursuant to paragraph (3):
I (We) __________ have an ownership interest of record in the
property located at __________ (Address) that is the subject of this
document.  The Department of Fair Employment and Housing has
determined that this document contains a restrictive covenant that
violates the law and is void.  Pursuant to Section 12956.1 of the
Government Code, this document is being recorded solely for the
purpose of eliminating that restrictive covenant as shown on page(s)
__ of the document recorded on __ (Date) in book __ and page __, or
instrument number __ of the official records of the County of _____.
No other changes have been made.
If executed at any place, within or without this state:
I certify (or declare) under penalty of perjury under the laws of
the State of California that the foregoing is true and correct.



     ___________________               _______________________
      (Date and Place)                 (Owner(s) Signature(s))

   (3) The applicant may strike out a void restrictive covenant
identified by the department, complete and attach a copy of the
written statement from the department to the front of the document,
and cause the modified document to be recorded, if provided that all
other requirements of recordation are met, including the payment of
any recordation fee.
   (d) Subdivision (c) of this section shall not apply to persons
holding an ownership interest in property that is part of a common
interest development as defined in subdivision (c) of Section 1351 of
the Civil Code, and where the board of directors of that common
interest development is subject to the requirements of subdivision
(b) of Section 1352.5 of the Civil Code.
   (e) The provisions of this section shall have no bearing or effect
upon Section 12955.9.
   (f) Any person who records a document for the express purpose of
adding a racially restrictive covenant is guilty of a misdemeanor.
The county recorder shall not incur any liability for recording the
document.  Notwithstanding any other provision of law, a prosecution
for a violation of this subdivision shall commence within three years
after the discovery of the recording of the document.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure a uniform recording procedure so that all
counties will respond in the same manner to requests to modify
restrictive covenants and housing deeds, it is necessary that this
act take effect immediately.
